Modify the laws related to transportation network companies

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 604

2025-2026

Representatives Mathews, A., Kishman

To
amend sections
2307.71,

4925.04
,

and 4925.09 of the Revised Code
to
modify the laws related to transportation network companies.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections
2307.71,

4925.04
,

and 4925.09 of the Revised Code be amended to read as follows:

Sec.
2307.71.
(A)
As used in sections 2307.71 to 2307.80 of the Revised Code:

(1)
"Claimant" means either of the following:

(a)
A person who asserts a product liability claim or on whose behalf
such a claim is asserted;

(b)
If a product liability claim is asserted on behalf of the surviving
spouse, children, parents, or other next of kin of a decedent or on
behalf of the estate of a decedent, whether as a claim in a wrongful
death action under Chapter 2125. of the Revised Code or as a
survivorship claim, whichever of the following is appropriate:

(i)
The decedent, if the reference is to the person who allegedly
sustained harm or economic loss for which, or in connection with
which, compensatory damages or punitive or exemplary damages are
sought to be recovered;

(ii)
The personal representative of the decedent or the estate of the
decedent, if the reference is to the person who is asserting or has
asserted the product liability claim.

(2)
"Economic loss" means direct, incidental, or consequential
pecuniary loss, including, but not limited to, damage to the product
in question, and nonphysical damage to property other than that
product. Harm is not "economic loss."

(3)
"Environment" means only navigable waters, surface water,
ground water, drinking water supplies, land surface, subsurface
strata, and air.

(4)
"Ethical drug" means a prescription drug that is prescribed
or dispensed by a physician or any other person who is legally
authorized to prescribe or dispense a prescription drug.

(5)
"Ethical medical device" means a medical device that is
prescribed, dispensed, or implanted by a physician or any other
person who is legally authorized to prescribe, dispense, or implant a
medical device and that is regulated under the "Federal Food,
Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392, as
amended.

(6)
"Foreseeable risk" means a risk of harm that satisfies both
of the following:

(a)
It is associated with an intended or reasonably foreseeable use,
modification, or alteration of a product in question.

(b)
It is a risk that the manufacturer in question should recognize while
exercising both of the following:

(i)
The attention, perception, memory, knowledge, and intelligence that a
reasonable manufacturer should possess;

(ii)
Any superior attention, perception, memory, knowledge, or
intelligence that the manufacturer in question possesses.

(7)
"Harm" means death, physical injury to person, serious
emotional distress, or physical damage to property other than the
product in question. Economic loss is not "harm."

(8)
"Hazardous or toxic substances" include, but are not
limited to, hazardous waste as defined in section 3734.01 of the
Revised Code, hazardous waste as specified in the rules of the
director of environmental protection pursuant to division (A) of
section 3734.12 of the Revised Code, hazardous substances as defined
in section 3716.01 of the Revised Code, and hazardous substances,
pollutants, and contaminants as defined in or by regulations adopted
pursuant to the "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2767, 42
U.S.C. 9601, as amended.

(9)
"Manufacturer" means a person engaged in a business to
design, formulate, produce, create, make, construct, assemble, or
rebuild a product or a component of a product.

(10)
"Person" has the same meaning as in division (C) of section
1.59 of the Revised Code and also includes governmental entities.

(11)
"Physician" means a person who is licensed to practice
medicine and surgery or osteopathic medicine and surgery by the state
medical board.

(12)(a)
"Product" means, subject to
division

divisions

(A)(12)(b)

and
(c)
of
this section, any object, substance, mixture, or raw material that
constitutes tangible personal property and that satisfies all of the
following:

(i)
It is capable of delivery itself, or as an assembled whole in a mixed
or combined state, or as a component or ingredient.

(ii)
It is produced, manufactured, or supplied for introduction into trade
or commerce.

(iii)
It is intended for sale or lease to persons for commercial or
personal use.

(b)
"Product" does not include human tissue, blood, or organs.

(c)
"Product" does not include either of the following:

(i)
A digital network, as defined in section 3942.01 of the Revised Code;

(ii)
A platform to facilitate delivery network services as defined in
section 5739.01 of the Revised Code.

(13)
"Product liability claim" means a claim or cause of action
that is asserted in a civil action pursuant to sections 2307.71 to
2307.80 of the Revised Code and that seeks to recover compensatory
damages from a manufacturer or supplier for death, physical injury to
person, emotional distress, or physical damage to property other than
the product in question, that allegedly arose from any of the
following:

(a)
The design, formulation, production, construction, creation,
assembly, rebuilding, testing, or marketing of that product;

(b)
Any warning or instruction, or lack of warning or instruction,
associated with that product;

(c)
Any failure of that product to conform to any relevant representation
or warranty.

"Product
liability claim" also includes any public nuisance claim or
cause of action at common law in which it is alleged that the design,
manufacture, supply, marketing, distribution, promotion, advertising,
labeling, or sale of a product unreasonably interferes with a right
common to the general public.

(14)
"Representation" means an express representation of a
material fact concerning the character, quality, or safety of a
product.

(15)(a)
"Supplier" means, subject to division (A)(15)(b) of this
section, either of the following:

(i)
A person that, in the course of a business conducted for the purpose,
sells, distributes, leases, prepares, blends, packages, labels, or
otherwise participates in the placing of a product in the stream of
commerce;

(ii)
A person that, in the course of a business conducted for the purpose,
installs, repairs, or maintains any aspect of a product that
allegedly causes harm.

(b)
"Supplier" does not include any of the following:

(i)
A manufacturer;

(ii)
A seller of real property;

(iii)
A provider of professional services who, incidental to a professional
transaction the essence of which is the furnishing of judgment,
skill, or services, sells or uses a product;

(iv)
Any person who acts only in a financial capacity with respect to the
sale of a product, or who leases a product under a lease arrangement
in which the selection, possession, maintenance, and operation of the
product are controlled by a person other than the lessor.

(16)
"Unavoidably unsafe" means that, in the state of technical,
scientific, and medical knowledge at the time a product in question
left the control of its manufacturer, an aspect of that product was
incapable of being made safe.

(B)
Sections 2307.71 to 2307.80 of the Revised Code are intended to
abrogate all common law product liability claims or causes of action.

Sec.
4925.04.
(A)
Prior to authorizing a person to act as a transportation network
company driver, a transportation network company shall do all of the
following:

(1)
Require the person to submit an application to the transportation
network company that includes at least all of the following:

(a)
The person's address;

(b)
The person's age;

(c)
The person's driver's license number and information on the person's
driving history;

(d)
A copy of the certificate of motor vehicle registration for the
vehicle the person will use to provide transportation network company
services;

(e)
Proof of automobile insurance.

(2)
Conduct a background check on each applicant, including both of the
following:

(a)
A search of a multi-state/multi-jurisdiction criminal records
database, or a similar nationwide criminal records database, and
validation of any records through a primary source search;

(b)
A search of the United States department of justice national sex
offender public web site;

(3)
Obtain and review a driving history report with regard to each
applicant.

(B)
A transportation network company shall not authorize a person to act
as a transportation network company driver if any of the following
apply to the person:

(1)
The person does not possess a valid driver's license.

(2)
The person does not possess a valid certification of motor vehicle
registration for the motor vehicle that the person intends to use to
provide transportation network company services.

(3)
The person does not possess automobile liability insurance for the
vehicle that the person intends to use to provide transportation
network company services that meets the requirements of section
3942.02 of the Revised Code unless the transportation network company
provides such insurance on behalf of the driver.

(4)
The person has not attained the age of nineteen.

(5)
Within the past three years, the person has been convicted of, or
pleaded guilty to, more than three violations of section 4511.194,
4511.204, 4511.21, 4511.211, 4511.251, 4511.29, 4511.30, 4511.39,
4511.46, 4511.47, 4511.711, or 4511.75 of the Revised Code or an
existing or former municipal ordinance or law of this or any other
state, or of the United States, that is substantially equivalent to
any offense listed in division (B)(5) of this section.

(6)
Within the past three years, the person has been convicted of, or
pleaded guilty to, any serious vehicle-related offense, including a
violation of division (B) of section 2921.331 of the Revised Code or
a violation of section 4510.11, 4510.111, 4510.12, 4510.14, 4510.16,
4510.18, 4511.20, or 4511.201 of the Revised Code or an existing or
former municipal ordinance or law of this or any other state, or of
the United States, that is substantially equivalent to any offense
listed in division (B)(6) of this section.

(7)
Within the past seven years, the person has been convicted of, or
pleaded guilty to, any of the following:

(a)
Operating a vehicle while under the influence of alcohol, a drug of
abuse, or a combination of both, in violation of section 4511.19 of
the Revised Code;

(b)
The commission of any felony offense while operating, or being a
passenger in, a motor vehicle;

(c)
A theft or fraud offense in violation of section 2911.01 or 2911.02
of the Revised Code or any provision of Chapter 2913. of the Revised
Code;

(d)
A property damage offense in violation of section 2909.02, 2909.03,
2909.05, 2909.06, 2909.07, 2909.09, 2909.10, or 2909.101 of the
Revised Code;

(e)
A sex offense in violation of any provision of Chapter 2907. of the
Revised Code;

(f)
An offense of violence as defined in section 2901.01 of the Revised
Code;

(g)
An act of terrorism as defined in section 2909.21 of the Revised
Code;

(h)
A violation of an existing or former municipal ordinance or law of
this or any other state, or of the United States, that is
substantially equivalent to any offense listed in division (B)(7) of
this section.

(8)
A search of the United States department of justice national sex
offender public web site indicates that the person is identified as a
sex offender.

(C)
A transportation network company shall terminate the authorization of
a person to act as a transportation network company driver on behalf
of the company if any of the conditions specified in division (B) of
this section apply to that person according to that person's annual
background check conducted in accordance with section 4925.03 of the
Revised Code.

(D)
A transportation network company is not vicariously liable for harm
to persons or property caused by a transportation network company
driver if both of the following apply:

(1)
The company did not commit any criminal wrongdoing under federal law
or the laws of this state with respect to the incident that gave rise
to the harm caused by the transportation network company driver;

(2)
The transportation network company has fulfilled all legal
obligations under Chapter 4925. of the Revised Code with respect to
the transportation network company driver.

Sec.
4925.09.
(A)(1)
The regulation of transportation network companies, transportation
network company drivers, and transportation network company services
is a matter of general statewide interest that requires statewide
regulation. Chapter 4925. and sections 3942.01 to 3942.04 of the
Revised Code constitute a comprehensive plan with respect to all
aspects of the regulation of transportation network companies,
transportation network company drivers, and transportation network
company services. Accordingly, except as authorized in division
(A)(2) of this section, it is the intent of the general assembly to
preempt any local ordinance, resolution, or other law adopted to
license, register, tax, or otherwise regulate transportation network
companies, transportation network company drivers, or transportation
network company services.

(2)
The operator of a public-use airport, as defined in section 4563.30
of the Revised Code, may adopt reasonable standards, regulations,
procedures, and fees that are applicable to transportation network
company services that are provided to any transportation network
company rider who requests service to, from, or on the property of
the public-use airport. A transportation network company or
transportation network company driver shall comply with any
applicable standards, regulations, or procedures adopted by a
public-use airport and shall pay any applicable fees in a timely
manner.

(B)
With regard to the provision of transportation network company
services, no transportation network company or transportation network
company driver is subject to regulation as a chauffeured limousine
under section 4511.85 of the Revised Code, as a taxicab or vehicle
for hire,
as
a common carrier,
or
as a for-hire motor carrier under Chapters 4921. and 4923. of the
Revised Code. No vehicle used to provide transportation network
company services shall be required to register as a chauffeured
limousine, taxicab or vehicle for hire,
common
carrier,
commercial
car, or for-hire motor carrier in order to provide transportation
network company services.

Section
2.
That
existing sections
2307.71,

4925.04
,

and 4925.09 of the Revised Code are hereby repealed.